Mitchell Proner Wins 3.3 Million Dollar Verdict
In April 19, 2007, a Supreme Court New York County jury returned a verdict in the case of Florencio Hernandez v. Michelle Vavra , Liberty Lines, Inc., Evelio Torres and Mungo One, Inc, awarding the Plaintiff, Mr. Proner's client Florencio Hernandez $3,309,000. The case was tried before the Honorable Justice of the Supreme Court Carol Huff. The award came on a case the Defendants were only offering $150,000 prior to trial. Mr. Hernandez suffered a stroke while in the hospital after being struck as a pedestrian by a taxicab that was involved in an accident with a bus.
The Defendant's claimed his stroke was unrelated to the accident and was because he had seven high risk factors for a stroke unrelated to the accident including prior strokes, diabetes, high blood pressure, a history of heart ailments, arteriosclerosis, and smoking. When the accident happened Mr. Hernandez was already disabled from his prior heart condition unrelated to the accident and was in fact walking to his doctor's office for a post operative visit to his Doctor after having four heart stints placed one week prior to the accident. Mr. Proner obviously convinced the jury that Mr. Hernandez's stoke was related to the accident and his quality of life subsequent to the accident was greatly diminished.
Motorcycle Accident Claim Settles August 2006
In August 2006 Mitchell Proner settled a motorcycle accident claim on behalf of a Proner & Proner client for $900,000. The case involved a broken ankle sustained in an intersection accident in February 2004 in Queens, New York. The defendant driver drove his car making a left turn into the path of the motorcycle. Mr. Proner convinced the insurance carrier the accident was the fault of the car driver and the injuries sustained had a permanent effect on the health and earning capacity of his client. His client was very satisfied with the settlement and is setting up a college fund for his child and is buying a home. He has also already purchased three motorcycles with the settlement proceeds.
Proner & Proner Wins Jury Trial in Car Accident Case August 2006
Mitchell Proner was again successful in another jury trial. On August 17, 2006, two clients from the law firm of Proner & Proner were awarded $1,100,000 after a jury verdict in Kings Count Supreme Court New York State. The clients were injured in an accident that took place in 2003 when the car they were passengers in hit a guardrail. The clients each sustained a broken wrist. Prior to the trial the defense attorney said the case was not worth over $100,000. After the jury verdict the defendant settled the case for the entire amount of the $1,100,000 verdict, subject to a confidentiality agreement that prevents us from disclosing more details of this significant recent victory.
Proner & Proner Wins Jury Trial in Motorcycle Accident Case July 2006
In Supreme Court, Suffolk County Mitchell Proner was successful in the case of Gorden v. Usry in proving the accident was 100 percent the fault of the defendant, Usry. Mr. Proner represented Mr. Gorden who sustained a shoulder injury in November of 2002 when he laid down his motorcycle after he claimed the car being driven by Mr. Usry went through a stop sign.
The police at the scene let Mr. Usry go, saying there was no contact between the vehicles. Mr. Usry’s name did not even appear on the police report. The police attributed the fault of the accident to Mr. Gorden for losing control of his motorcycle because he thought a car was going to go into the intersection. Mr. Gorden saw Mr. Usry’s vehicle in the neighborhood after the accident, got the license plate, and contacted Mr. Proner.
After a three-day trial, Mr. Proner proved to the jury that it was not the motorcyclist who was at fault for the accident but the defendant, Mr. Usry. This was a significant victory because not only did the police officer blame the motorcyclist but the defendant car driver was an ordained minister who appeared in court with full clerical garments including the white collar. The insurance company for the defendant settled the case for the entire insurance policy of $100,000 after the trial.
Recovery: Two Hundred Thousand ($200,000) April 24, 2006
Facts: A 34-year-old riding a Harley-Davidson on the Major Deegan Parkway in New York City got side swiped by 81-year-old defendant driver. The rider of the motorcycle refused medical attention at the scene and drove the motorcycle home from the accident. Two years later, the rider underwent surgery for carpal tunnel syndrome, which his doctor was able to attribute to his accident.
Recovery: Nine Hundred Thirty Thousand ($930,000) November 21, 2005
Facts: A 47-year-old home improvement contractor was riding a custom Harley-Davidson motorcycle when he was hit by a car pulling into the roadway from a Long Island shopping mall in Rocky Point, New York. The motorcyclist sustained two broken legs.
Recovery: Four Hundred Eighty Thousand ($480,000) November, 21 2005
Facts: A 52-year-old motorcyclist driving a 1974 custom Harley Davidson was killed in an intersection accident in Binghamton, New York. The plaintiff was successful in showing that the defendant was driving during his employment as a civic club officer.
Recovery: One Hundred Twenty Thousand ($120,000) August 31, 2005
Facts: A twenty-three-year-old motorcyclist on a custom Harley-Davidson in Milford, Connecticut was hit by a right turning car. The motorcyclist sustained a broken wrist.
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